News and Insights about Appellate Law

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By Gary A. Watt on August 2, 2016 Posted in Appellate Practice,Appellate Procedure,Civil ProcedureOn August 1 the California Supreme Court finally resolved a split of authority among California’s appellate courts over operation of the anti-SLAPP statute, Code of Civil Procedure section 425.16, in the mixed cause of action context. For over a decade, the appellate courts have disagreed as to how a plaintiff can satisfy the reasonable probability of… Continue Reading

By Gary A. Watt on February 3, 2016 Posted in Appellate Practice,Appellate Procedure,Civil ProcedureThe California Supreme Court is reviewing the mixed cause of action conundrum in Baral v. Schnitt (2015) 233 Cal.App.4th 1423. According to the Court’s docket, the issue is whether the SLAPP statute, Code of Civil Procedure section 425.16, “authorize[s] a trial court to excise allegations of activity protected under the statute when the cause of action also includes meritorious… Continue Reading